member, and his profeffional as a great lawyer, on the queftion of competency in parliament with refpect to the controul of the civil lift revenue, Sir Fletcher Norton, after ftating feveral caufes which rendered him extremely averfe to the giving of any opinion in that houfe, except in his official capacity, likewife obferved, that a private opinion which he had for merly given on a great law queftion in that houfe, and which he thought himself profeffionally called upon to give, (fuppofed to allude to a claufe in the royal marriage bill) as well as in compliance with the apparent defire, and feeming with of the houfe, not only fubjected him to a misinterpretation of his conduct, but he had alfo the misfortune to find, had given great offence in a quarter, where he certainly did not intend or wish to give

any.

He afterwards obferved, that the noble lord at the head of affairs, had long withdrawn all friendship and confidence from him. That from the time of his reporting the fenfe of that houfe at the bar of the other, on occafion of prefenting the money bills, for the difcharge of the civil lift debts, and the increase of its revenue, all appearances even of friendship, confidence, and good will, had ceafed on the fide of the noble lord. He was ftill at a lofs even to guess, what juft caufe of offence he had then given. What he had done upon that occafion was, to the best of his judgment, only in difcharge of his duty. If he had acted wrong, it arofe from error, not from defign; and whatever others might think of his conduct, he had the fatisfaction, of its

having been unanimously approv ed of by that houfe. He hated at injury in a recent tranfaction, from which the minifter and he muft from thence forward ftand upon the moft inequivocal terms. He declared that he was not a friend to the noble lord, and that he had repeated and convincing proofs, that the noble lord was not his friend. The time was not yet arrived, he faid, when it would be proper to make the circumftances of the tranfaction public. But if the noble lord did not do him juf tice, he would fiate the particulars to the houfe; and he would fubmit to them, how far he was bound to remain in a fituation, where a performance of the duties annexed to it, fubjected him to grofs and flagrant injury.

The minifter equally pleaded ig. norance and innocence, accompanied with no fmall degree of furprize at the charge. Enquiry, explanation, and talking the fubject over, inftead of mollifying matters, only ferved to blow them up to a flame; and at length induced the fpeaker to depart from his preceding avowed intention, of referving for future contingencies, his difclofure of the caufe of complaint.

He accordingly stated, that upon the death of the late fpeaker, he had been ftrongly folicited by the then minifter (Duke of Grafton) to accept of his prefent honourable fituation, before he could bring himself to a compliance. That be fides his fenfe of the great weight of the important duties which he was to difcharge in his prefent of fice, there were other very cogent motives which operated to this reluctance. It could neither be deem

7

ed

he did of the fuppofed injury of the tranfaction. He affured the committee, that he never meant to challenge their attention, upon any fubject merely perfonal to himself; but thinking at all times, that nothing fhould be kept more pure and unpolluted, than the fountains of justice, he could not but feel when any measure was adopted, under whatever pretext, that might afford even colour for a fufpicion of their being corrupted; or that any improper means were reforted to, for rendering the courts of juftice fubfervient to party, and to factious views; he therefore thought it a duty highly incumbent upon him, to take notice of the prefent tranfaction. He concluded by afferting, that money had been propofed to be given and received, to bring about the arrangement he had mentioned; and pledged himself to the house, that at a proper time, he would undertake to prove it to their fatisfaction.

ed arrogance or vanity in him to fay, when his character at the bar, histanding, and his general pretenfions were confidered, that he was then at the head of his profeffion as a common lawyer. The honours of his profeffion were accordingly open to him; and be was determined not to relinquish his claim to these upon any account whatever. The nobleman then at the head of adminiftration wifhed to remove this objection; and prevailed on a gentleman, then prefent, and in high office, to negociate the business. The terms concluded upon were, that until he could be provided for in the way of his profeffion, (that ftipulation taking place of all others, and confequently, that whenever an opportunity offered, the way fhould be kept open for his return to Westminster Hall) he fhould hold the finecure office of lord chief justice in Eyre, which he now poffeffed, as an equivalent, and compenfation, for the advantages he had given up, and the duties which he was to undertake.

But notwithstanding this compact, he had lately difcovered, to his infinite furprize, that a negociation was in train, between the noble minifter then prefent, and the chief judge of one of the courts, by which the latter was to retire on a penfion, for the purpose of appointing another perfon (a law officer then likewife prefent) to fupply his place, and to the utter fubverfion of his own claim. He fcarcely complained lefs of the conduct and behaviour of the minifter, upon his perfonal application to him on the fubject, than

The gentleman in office, who had been alluded to by the fpeaker, with respect to the original tranfaction, acknowledged, that he had been prevailed upon by the noble duke, then at the head of public affairs, to deliver the mes fage in question, and that the particulars appeared to him to have been now fairly ftated; but as far as he could charge his memory at this distance of time, he had never understood, that any of those particulars came regularly or pro perly to the knowledge of the noble lord now at the head of adminittra tion.

The minifter declared, that he

did not look upon himself refpon [K] 2

ible

fible for any promife which might have been made by his predeceffors in office. He did not queftion the account given by the right honourable gentleman, of the confiderations on which he had accepted of the chair in that houfe; but he could fairly anfwer, that he neither knew of the tranfaction at the time, nor looked upon himself as bound, when he did come into office, by any fuch promife. With refpect to the fpeaker's affertion, of a negociation, fuch as he had defcribed, being on foot, and of money being propofed to be given and received, he must diffent totally from it as to the point of fact. He aflured him, that he had been grofly misinformed; and as he was himself accused of being one of the acting parties, he was entitled to fay, that no fuch negociation was on foot, as that which had been ftated.

This brought out much warm altercation, which run into affertion and direct contradiction, between the fpeaker and the minifter; and which gave rife to fuch a fcene, and with foch perfonages, as never had been exhibited there at any former time. The first law officer of the crown in that house, who had been alluded to as a principal party in the negociation, difclaimed the imputation with great fpirit; and in a fpeech fraught with his ufual fharp and pointed eloquence, threw out no fall thare of feverity, in a peculiar firain of farcafm, and ironical fatire, upon the complaint and conduct of the fpeaker.

Although this affair made a confiderable noife at the time, yet it foon died away; and pro

duced no other effect, than that of affording a new ground of argument to the oppofition, that the alarming influence which they charged to the crown, had not only pervaded, but difturbed the due order and economy, of every department, of whatever nature, in the ftate. In the mean time, that law arrangement, which was now charged to a fuppofed negociation, not found, or admitted to exift, took place not long after in the fame degree and effect, which the completion of fuch a negociation could have been expected to produce.

We have lately feen the fevere frictures that were paffed in the Houfe of Lords, on the appointment of Mr. Fullarton, to the rank of lieutenant colonel in the army, and to the command of an intended new regiment. Some terms and expreflions which were used on that occafion, having given great offence to the gentleman in queftion, he thought proper to call the fubje&t up in his place, as a member of the House of Commons, before he entered upon meafures of a more fummary and decifive nature for the obtaining of satisfaction.

He accordingly took no 20th. tice in that Houfe, that his character, and his conduct in offering to raife a regiment, had been reflected upon by a noble earl in the other; a matter which had given him the greater uneafinefs, as he was puzzled how to act, in order to wipe away the imputation. He rofe therefore to explain the motives of his conduct, and bespoke the patience of the house, as he felt his honour

wounded,

wounded, and had ardently wished for an opportunity of removing the bad impreffions of his conduct, to which the place where the reflections were thrown out, was likely to give occafion. That the reflections, as he understood, were extremely grofs; the noble earl, terming him a clerk, and in the most contemptuous manner remarking, that a clerk ought not to be trufted with a regiment; at the fame time adding to that remark, other infinuations, as falfe as they were illiberal.

He then proceeded in a ftile of perfonal invective against a noble earl by name, which called up Mr. Fox to order, who exclaimed against the unparliamentary conduct, of thus ftating what was faid in the other house, and of thus mentioning peers by name, in that; a practice, not to be endured, and contrary to every rule of parliament. After ftating the impoffibility of their knowing, whether the words alluded to were really spoken, he proceeded to argue the impropriety, of confidering what was faid in debate as a private and perfonal attack. On that ground, he muft once for all declare, that if such a cuftom prevailed, the freedom of debate must ceafe; and he contended, that the mott effential of all the rights of parliament would be loft, if it were once admitted as a principle, that a perfonal affront was intended to gentlemen, whenever their names and public condu& were mentioned in debate.

The minifter, (who had himfelf fmarted, particularly during the prefent feffion, under the feverities of the noble earl, whofe name was now in queftion) admit

ted, that it was certainly wrong, in either houfe, to introduce the name of any member of the other. There were fome occafions, however, which would juftify it, and he thought the prefent cafe one of them. After high compliments and praife to Mr. Fullarton, and infinuating, that he had gained great honour by the fpirit with which he had felt and refented the injury, even fuppofing that he had erred in the means of juftification; he, however, recommended to him, to treat all perfonal attacks with indifference and contempt. To give efficacy to this advice by example, he informed the gentleman in a friendly manner, of his own conduct in fuch fituations. Noble lords in another place, he faid, were very apt to be personal, and they very often made free with himself. Among other names, one of them had lately called him a thing. The appellation, however contemptuously meant, was certainly truly applied; for he undoubtedly was a thing. But the noble lord had put an addition to it; he faid he was a thing called a minifter. A moment's confideration convinced him that this ought not to be regarded as an affront, because a moment's confideration reminded him, that the noble lord who had dubbed him a thing called a minifter, had not the smallett ob jection to become that very thing himself.

This advice and example, had not their effect. Much altercation continued; ftrong words were ftill ufed; and Mr. Fullarton defended himself by obferving, that the noble earl had attacked him by name. He, however, vindicated

[K] 3

his

his warmth by informing the houfe, that the earl in queftion had afferted, that he and his regiment, would be as ready to draw their fwords against the liberties of their country as against its foes.

The matter did not end there. In confequence of a meffage from Colonel Fullarton, and delivered by the Earl of Balcarras, the Earl of Shelburne, accompanied by Lord Frederic Cavendish, as his fecond, gave them a meeting in HydePark. The earl being wounded by his antagonist's fecond fhot, with great generofity of fpirit, fired his own piftol notwithstand ing in the air. But fomething being afterwards hinted of a declaration that he had intended nothing perfonal, he replied, the affair had taken another train, and that was no place for explanation; at the fame time telling his adversary, that if he felt any refentment, he found himself, not withstanding his wound, able to go on. But Mr. Fullarton difdained the idea, and hoped that he could not be thought capable of harbouring fuch a fentiment.We are not fond of dwelling on the circumftances of thefe unhappy perfonal contefts, which had arifen from the violent and difordered ftate of the times; further, than their connection with parliamentary hiftory, renders abfolutely neceffary. This matter, which March 22d. happened in HydePark early in the morning, was brought forward in the House of Commons, on the afternoon of the fame day, by Sir James Lowther. He obferved, that this manner of fighting duels, in confe

quence of parliamentary business, or of expreffions dropped in debate in either house, seemed grow. ing into fuch a cuftom, that it behoved them to interpose their au thority, before it acquired the force of a fettled habit; other, wife, that there must be an end of all freedom of debate, and confequently of all business in parlia, ment. He therefore hoped, that the house would exert itself in fuch a manner, as to render the two recent inftances the last of the kind. If free debate was to be interpreted into perfonal attack, and questions of a public nature, which came before either house, were to be decided by the fword, the British parliament would be at once reduced to the condition of a Polish diet. In fuch circum, ftances, he thought it would be better for the members totally to give up all ideas of parliamentary difcuffion, to abandon the senate, and refort at once to the field; where, without farther trouble, they might have recourse to arms, as the fole arbiter of political difference of opinion.

Mr. Fullarton's friends, befides paffing the higheft eulogiums on that gentleman's character, hinted the impropriety or indelicacy of entering at all into the matter in his abfence; Sir James Lowther replied, that as it was the laft day of their fitting before the Eafter recefs, and he knew the house had ftill much neceffary bufiness before it, he had no intention of proceeding any farther then upon the fubject; but he confidered the free. dom of debate as fo immediately involving the very exiftence of parliament, that he should move, immediately